Samin Mortaza v. The State of Assam

Page No.# 1/2 GAHC010151462024

2024:GAU-AS:8411

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2211/2024 SAMIN MORTAZA S/OMD. SIRAJUL HOQUE R/O VILL-SANOWATARI P.O. SIPAJHAR, P.S. SIPAJHAR DIST. DARRANG, ASSAM, PIN-784145 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : SIRAJ CHOUDHURY, MR. T ISLAM,MR. S MUNIR,MS. S SULTANA,B ALI SK Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

28.08.2024 Heard Mr. S. Munir, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for grant Page No.# 2/2 of regular bail to the petitioner Samin Mortaza who has been arrested in connection with Hajo P.S. Case No.242/2024, registered under Sections 329(4)/64/62 of BNS.

¶3One married woman has alleged that the petitioner is her colleague where she works as a professional. On the day of occurrence while the said woman was in her house, the petitioner entered into her house and tried to commit rape upon her. She says that at that time her husband came in and he saved her.

¶4While the petitioner field a bail application before the court of the Sessions Judge, an affidavit was filed on her behalf wherein she stated that the entire incident had happened on mutual consent and she had no objection if the petitioner was released on bail.

¶5The said affidavit is still available in the case diary.

¶6After hearing the learned counsel of both sides and after going through the contents of the case diary, this Court is of the opinion that the petitioner does not deserve to be detained in custody for any further period of time. His bail application is allowed.

¶7The petitioner Samin Mortaza who has been arrested in connection with Hajo P.S. Case No.242/2024, registered under Sections 329(4)/64/62 of BNS, is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, Kamrup. The bail application is disposed of accordingly.

JUDGE Comparing Assistant